Section He-C 4002.34 - Family and Family Group Child Care Programs(a) Family and family group child care homes shall comply with He-C 4002.01 through He-C 4002.33 and this section.(b) Family child care shall: (1) Only be provided in a dwelling that provides complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation; and(2) Be occupied for living purposes on a full time basis by the family child care provider; or(3) Be located: a. Physically on the same property as the family child care provider's permanent residence and such residence is a single family home;b. In a duplex structure containing 2 independent side-by-side dwelling units and the family child care provider permanently resides in the other dwelling unit located in the duplex; orc. In a structure with a maximum of 3 stories, with no more than one dwelling unit located on each floor level, and the family child care provider permanently resides in one of the other dwelling units located in the 3 story structure.(c) A family child care provider may not hold more than one family child care license.(d) To qualify as a family child care provider, an individual shall be:(1) At least 21 years of age; or(2) At least 18 years of age and submit with his or her application documentation that he or she has a high school diploma or equivalent, including but not limited to General Equivalency Diploma (GED), a High School Equivalency Test (HiSet), or a Test Assessing Secondary Completion (TASC), and at least one of the following: a. Successful completion of a 2 year child care curriculum approved by the department of education; orb. College courses, totaling 6 credits, in child development, early childhood, or elementary education, or other field of study focused on children, including at least one 3-credit course in child growth and development, from a regionally accredited college.(e) A family child care worker shall be 18 years of age or older.(f) A family child care assistant, whether paid or volunteer, shall:(1) Be 16 years of age or older; and(2) Work under the direct observation and supervision of the family child care provider or a family child care worker at all times.(g) A family based program may employ substitute staff who meet the age requirements of the staff position for whom they are substituting and assume the responsibilities of any child care staff on an emergency or temporary basis for not more than 90 consecutive days and not more than a maximum of 120 days in a 12-month period.(h) Family child care providers and family child care workers shall complete professional development requirements in accordance with He-C 4002.33.(i) Documentation of professional development requirements shall be maintained at the program and available for review by the department.(j) A junior helper in any family based program, whether paid or volunteer, shall: (1) Be at least 14 years of age;(2) Work with children only under the direct supervision and observation of a staff person who meets at least the minimum qualification of a family child care worker;(3) Not be calculated in staff to child ratios as specified in (o) through (q) below; and(4) Not be required to complete professional development hours as specified in He-C 4002.33.(k) Except in emergencies, a family or family group child care provider, worker, assistant or aide shall not provide family or family group child care services for more than 12 hours in any 24-hour period.(l) The license capacity for family or family group child care homes shall include the provider's own, foster, and resident children up to 10 years of age, when they are present.(m) The department shall allow family and family group child care homes to fill vacant slots for preschool-age children with school-age children who are enrolled in and attending a full day school program, up to their maximum license capacities.(n) In a family child care home the maximum number of children that one family child care provider or family child care worker can care for shall be 6 preschool children plus 3 school-age children who are enrolled in and attending a full day school program, provided that: (1) Of the 6 preschool children, no more than 4 children are younger than 36 months of age; and(2) Of the 6 preschool children, no more than 2 children are younger than 24 months of age.(o) The maximum number of children that a family child care provider and a family child care worker or assistant can care for shall be 6 preschool children plus 3 school-age children who are enrolled in a full day school program, provided that, of the 6 preschool children, no more than 4 children are younger than 36 months of age.(p) Family group child care homes in which a family child care provider or family child care worker is working alone shall comply with the limits for a family child care home with one provider as specified in (o) above.(q) The maximum number of children that a family group child care provider and a family child care worker or assistant may care for shall be 12 preschool children plus 5 school-age children enrolled in a full day school program, provided that, of the 12 preschool children, no more than 4 children are younger than the age of 36 months.(r) Family based programs may care for a child in the foster care system who is younger than 6 weeks of age provided:(1) They have received prior approval from their local fire officer and notification to the department; and(2) In doing so, they will not exceed the limits in (n), (o), and (q) above.(s) The department shall not grant approval for (r) above if the program has not corrected citations identified on a statement of findings.N.H. Admin. Code § He-C 4002.34
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12046, Effective 11/19/2016, Expires 5/18/2017.Ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17;Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12415, Effective 11/6/2017, Expires 11/6/2027.Amended by Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032 (formerly He-C 4002.31)